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(A) Residential rental licenses shall be applied for within 30 days of a property becoming rental property. If a residential rental license is applied for after 30 days of a property becoming rental property, the license origination date will be retroactive to the date the property became rental and residential rental license fees will be calculated from this date and subject to all applicable penalties as outlined in the current residential rental license fee schedule.
(B) Residential rental licenses shall be issued for a period comprising one year from the date of license approval. The license shall not be transferable. A new residential rental license must be obtained by a new owner in the event of a change in ownership of the rental housing.
(C) The city is hereby authorized, upon application, to issue new residential rental licenses and renewals thereof in the names of owners, or if operated by a separate person or entity, jointly in the name of both the operator and owner of the rental housing. No such license shall be issued unless the rental housing, including common areas, for which the license is sought is found after inspection to meet all mandatory applicable city Crime Prevention Through Environmental Design (CPTED) inspection criteria as established by a written order or resolution of the City Council. The Director of Public Safety will establish rules, adopt policies and procedures in order to clarify the application of its provisions and to obtain the intent and purpose of this chapter. All rental properties shall comply with the following:
(1) All entry doors secured to guard against unlawful entry and provide ability for renter to identify visitors.
(2) All windows secured to guard against unlawful entry.
(3) All rental units clearly identified for emergency personnel.
(4) All properties sufficiently lit and provide for safe pathways for residents.
(5) All areas around rental property where crime activities may occur identified and risks minimized.
(6) All common areas maintained in a manner as to not attract criminal element.
(7) All life safety issues observed during an inspection must be addressed and rectified.
(D) On any residential rental license with four units or more an annual inspection will be performed on the exterior, including all common areas. During any property maintenance inspection of the property, city inspectors are granted the authority to observe and inspect any violations of the CPTED inspection criteria. Rental housing that changes ownership will be required to be reinspected before a new residential rental license can be issued unless otherwise excepted by the Director of Public Safety. Residential inspection requirements of the residential rental license program are an independent obligation applicable to rental housing and are in addition to, not in lieu of, occupancy inspections required by the city’s Property Maintenance Code.
(E) No license shall be issued or renewed unless the owner agrees in the application to such occupancy inspection as may be required to determine whether the rental housing in connection with which such license is sought is in compliance with the applicable provisions of the city’s Property Maintenance Code and with the applicable rules and regulations pursuant thereto, as outlined in § 150.05.
(F) No license shall be issued or renewed unless the completed application form for each building or group of buildings, identifying the specific units, is accompanied by payment of the appropriate annual license fee as established in this chapter. Payments must be made in full prior to the license being renewed. Failure to pay any balance will serve as grounds to deny further permits or licenses from being issued by the city.
(G) When the city determines after an initial inspection that additional follow-up inspections are necessary for enforcement of this chapter, the owner may be assessed a noncompliance inspection service charge as applicable in the current residential rental license fee schedule.
(H) A residential rental license may be issued or renewed for an owner living more than 50 miles from the city, provided that such owner designates in writing to the city the name of the owner’s local point-of contact for the receipt of service or notice of violation of the provisions of this chapter and for service of process pursuant to this chapter. The local point-of-contact shall reside within 50 miles of the city.
(I) No residential rental license shall be issued or renewed for an owner unless such applicant has first designated a local point-of contact for the receipt of service for violations of the provisions of this chapter, when the owner is absent from the city for 30 consecutive days or more. Such designation shall be made in writing.
(J) Current residential rental license holders will be provided a notice of renewal one month prior to the expiration of the present license.
(K) No residential rental license shall be transferable to another rental housing. Every owner holding a residential rental license shall give notice in writing to the city within seven days after having transferred or otherwise disposed of the legal control of any licensed rental housing. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental housing.
(L) Whenever, upon inspection of the licensed rental housing, the city finds that conditions or practices exist which are in violation of the provisions of this chapter or of any applicable rules and regulations pursuant thereto, the city shall serve the owner with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within reasonable time, the operating license may be suspended and subject to the penalty provisions of this chapter.
(M) At the end of the time the city has allowed for correction of any violation cited, the city shall reinspect the rental housing and if it determines that such conditions have not been corrected, the city may suspend the residential rental license pursuant to § 120.10.
(N) Upon request by the city the owner of rental housing shall provide the city a list of all occupants of a rental housing unit so long as the request is in response to a bona-fide investigation of a violation of this chapter or any alleged violation of the law.
(1999 Code, § 120.03) (Ord. 3657, passed 3-1- 2010; Ord. 3797, passed 5-6-2013; Ord. 4037, passed 5-7-2018) Penalty, see § 120.99